Ken Paxton
AUSTIN — Texas Attorney General Ken Paxton has issued a formal legal opinion clarifying which law enforcement agencies are authorized under the Texas Family Code to receive referrals and conduct certain investigations involving suspected child abuse or neglect.
Texas Family Code Chapter 261 establishes requirements for reporting and investigating suspected child abuse and neglect. Among other requirements, Texas law provides that a person who has reasonable cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect must immediately make a report.
In 2025, the Texas Legislature enacted Senate Bill 571, which amended Chapter 261 to specifically define the term “law enforcement agency,” clarifying that a “law enforcement agency” means the Texas Department of Public Safety, the police department of a municipality, the sheriff’s office of a county, or a constable’s office of a county.
“The definition of ‘law enforcement agency’ in Family Code … applies throughout Chapter 261,” the opinion states. “Accordingly, a school district police department is not an ‘appropriate law enforcement agency’ under either section ...”
Paxton notes that this definition applies throughout Chapter 261, including provisions governing the referral and investigation of reports of suspected child abuse or neglect. He opines that a school district police department does not qualify as an “appropriate law enforcement agency” for reports to be made to.
Paxton further opines that this conclusion does not relieve school district police departments or their officers of other duties under Texas law, including the duty to report suspected child abuse or neglect, cooperate in investigations, and provide assistance to an appropriate law enforcement agency.
“I have issued this formal opinion to ensure the safety of school children in Texas by stopping rogue school districts from concealing the sexual abuse of children,” Paxton said. “School districts can no longer keep reports within their own captive agencies. Any reasonable belief that a child is being abused or neglected must be taken seriously and reported to the correct law enforcement agency, as required by Texas law.
“I will continue to fight to ensure that reports of child abuse and neglect are handled by the appropriate authorities and that our children receive the protection they deserve.”
The opinion was requested by Harris County District Attorney Sean Teare.
Opinion No. KP-0528
